Too much excitement, too soon (My article published in THE NEWS on 27 October 2012)

Verdict on Asghar Khan case has stirred storm in a tea cup. Apparently, PPP is sensing a kill, PML (N) is on the defensive and a few anchor-persons known for their anti-establishment stance, for different reasons, are considering it an opportunity to further their agenda. In my reckoning, there is too much excitement, too soon as little is going to come out of the decision which will only be used for gaining political mileage, resulting into greater acrimony among the political parties.

For many, it’s a landmark decision as for the first time in the history of this country, the former chiefs of the Army and ISI have been directly implicated for distributing public money amongst certain politicians. The missing link, however, is why did they do it? Had they some personal agenda or was it an institutional undertaking? If the amount was distributed among the anti-BB politicians, what were the reasons for stopping BB from reaching the corridors of power.

In this regard, Lieutenant General (R) Hamid Gul has often admitted that he was instrumental in making IJI and has been challenging the judiciary to summon him for explaining his reasons for doing so. The bench dealing with the Asghar Khan case did not summon him but in case of trial of the former chiefs of Army and ISI, I am sure Lieutenant General (R) Hamid Gul would be called as the first witness and, going by the confidence he displays, I am sure he would have many revelations to make, which may not only hurt PPP badly but also spoil its relations with the military establishment. So, to me, trial of the generals would do more harm than good for the country.

Another aspect of the verdict that may cause uncertainty is that while the confessions of those who distributed money were considered good enough to implicate them, their same testimony is not good enough to implicate those who took the money. If tomorrow it is not proved that the supposed receivers took the money, what would happen to those who admit distributing the money. It is just as if a person confesses to committing a murder but would we declare him a murderer if the victim is still alive.

The third aspect of the verdict relates to the president's political activities. In all likelihood, President Zardari is not going to shun his political activities, will continue to be the de-facto head and lead the party, especially in view of the forthcoming elections. As such, we may be heading for yet another tussle between the President and Judiciary.

Thus, I see fewer chances of any convictions, but greater polarization.

The timing of the announcement of short order is yet another aspect which, I feel, could have been deliberated. We know that these days a consensus was being developed successfully against the militants after the Malala incident and the verdict has totally diverted public attention, indirectly benefiting the militants. Could it have been delayed for a few days for a better cause?

The outcome also raises an important question; is it a pre-cursor to opening other such cases? Pakistan’s history is full of betrayals, treachery and unconstitutional undertakings by the military establishment, Judiciary and the politicians. As a practice, whenever the military took-over power, the Judiciary mostly validated the act and the politicians in the opposition welcomed it. Was not the last military take-over by Musharraf validated by Judiciary, with the present CJ as part of the bench, and BB supported the coup? He was even given unprecedented powers to amend the constitution by the court. Can the country, already in the doldrums, afford to dig all the previous such cases and punish the perpetrators?

Already, NRO case has wasted over four years with no meaningful outcome from public perspective, now we are embroiled in controversy over Asghar Khan case verdict and more cases are in the offing, starting with proceedings on the memo-gate commission.

While the judicial process may take its course, can we afford the polarization unnecessarily generated as an outcome of decisions, especially when already facing existential threat from militancy and extremism – a point for our Judiciary, politicians and anchor-persons to ponder? To put it simply; do we want to live in the past or ready to move on? 

No more Holy Cows (My article published in The NEWS on 14th September 2012)

At last, the Court Martial proceedings in NLC case are about to commence against three retired General officers who have been reinstated for the purpose. Though all agree that the case be brought to its logical conclusion, the development has received mixed response about the adopted course. Some critics continue to cause aspersions on the way the case is being handled, have apprehensions about the outcome and are demanding that the case be investigated by concerned civil agencies. The majority of people, however, have appreciated the step and consider it a good omen for the country’s future. To these people, it’s a new beginning – no more holy cows.

I tend to be with the latter group as the country can no more afford to nurture holy cows, may they be from any premier institution. Same is necessitated because in the last few years, military establishment’s status as a centre of gravity has diluted and the Judiciary, media and the political elite have also emerged as major power centres, are individually vying to take the centre-stage and, as such, any preferential treatment to a single one would up-set the entire equilibrium, disturbing the delicate balance. To elaborate my viewpoint, I have briefly discussed each in the succeeding paragraphs.

In Pakistan’s peculiar environment, the military establishment still remains a major entity and people place a lot of hope in this institution. It must continue to perform, deliver and hold ruthless accountability for failings, both professional and moral. Only then its leadership would be able to meet the expectations of the masses and wield influence, directly or indirectly, on those bent upon undermining the country’s institutions. Same is also imperative to counter the ongoing unprecedented propaganda unleashed against the military establishment by parties with vested interests, using a segment of anchor-persons / journalists. In nutshell, military must stand tall on moral and professional grounds. Commencement of Court Martial proceedings in NLC case would surely enhance its image, though a lot would depend on the out-come.

As we flash back the unprecedented movement for restoration of the CJ, speeches of the eminent lawyers, promises and the generated hope, one thought that all our worries would be over with the onset of ‘independent judiciary’. Unfortunately, this was not to be. In spite of the fact that the Judiciary, under the leadership of the incumbent CJ, gave some land-mark decisions, the people continue to suffer due to lack of governance, and justice. As a result, disillusionment is slowly setting in, a manifestation of which can be seen in the recent comments by Asma Jehangir, Kurd, Aitzaz Ahsen, etc, the stalwarts of independent judiciary movement. In my view, greatest damage has been done by the way Arsalan Iftikhar’s case, perceived to be a holy cow, has been handled by the judiciary and, connected with it, unchecked media campaign by PPP jialas. If judiciary is to regain its ascendency, an imperative for the country to survive, justice must be seen as done in Arsalan Iftikhar’s case.

Media, in the last few years, has emerged as a major power centre to reckon with and has many laurels to its credit. However, as compared to the other power centres which are institutionalized, the media remains rudder-less and consequently, a few anchor-persons have become holy cows who feel that they are beyond the institutions, the government and even the state. They have gained mastery over twisting facts in pursuance of self-conceived or externally motivated agendas for certain personal gains. Just to quote a few examples of a self-righteous anchor-person; he urged General Musharraf to take action on Lal Masjid in front of other colleagues and once the operation was undertaken, became its greatest critic. On memo-gate, he openly sided with Haqqani and condemned Mansoor Ijaz, for reasons known to many, but after the findings of the judicial commission, never bothered to admit that he was wrong. He is the main exponent of Army / ISI bashing campaign, commencement of which unfortunately coincided with the US-Pakistan Army stand-off in the aftermath of 2^nd May 2011 and Salala incidents. Any keen observer would note discrepancies in his arguments but he still thrives, has become the holiest of all cows, and untouchable. Probably, President Zardari, the grand master, is the only one who knows the art to tame such anchor-persons. For others who choose to pursue principled journalism, self-accountability, where required, is the best course to adopt. A strict code of conduct would surely be in order to prevent misuse of this powerful instrument.

And finally the political leadership, whose lack of commitment to ‘accountability’ can be gauged from their inability to achieve consensus on the new accountability bill. Resultantly, in spite of vibrant media and pro-active judiciary, corruption in the government machinery is rampant, destroying the national economy like a termite. With investigation agencies under their fold, the top political elite have become holy cows who cannot be touched.

To sum up, things cannot continue the way they are. If this trend is to be reversed, the majority of masses must stop considering corruption as a ‘non-issue’ and holy cows must remain no more in political elite, judiciary, military establishment and the media – all must be treated equally as per law of the land.